Wrongful Death Law in Rhode Island: Minimum Recovery Raised from $250,000.00 to $350,000.00

When someone’s carelessness causes your loved one’s death, you may be entitled to legal compensation. This is an area of personal injury law known as “wrongful death.” At Bottaro Injury Lawyers, we’ve made it our mission to help victims of these instances receive the compensation they deserve. As of January 1, 2024, wrongful death law in Rhode Island, where we practice, changed in bereaved victims’ favor.

This, of course, is only a small victory for Rhode Island wrongful death victims. In Rhode Island, you have a legal right of action under what’s called “Death By Wrongful Act.”  According to this law, certain loved ones may file what is typically called a “wrongful death” lawsuit. Prior to 2024, Rhode Island law stated that anyone found liable (at fault) in a wrongful death claim is liable for at least $250,000.00 (R.I. Gen. Laws § 10-7-2).  As of January 1, 2024, this amount has risen to $350,000.00.

At Bottaro Injury Lawyers, we handle select Rhode Island and Massachusetts wrongful death claims. “Wrongful death” litigation arises from many types of accidents, including motor vehicle accidents, work accidents, defective products, and nursing home abuse and neglect. If your loved one passed away due to someone else’s negligence, call us anytime, 24/7, to discuss your options.

In light of this change to wrongful death law in Rhode Island, today’s blog article highlights how our firm may be able to help you navigate your wrongful death claim.

Who Can Recover Under Rhode Island’s “Death By Wrongful Act” Statute?

Every wrongful death case is different, so the answer varies depending on your unique situation. However, generally speaking, surviving spouses and children are typically the individuals eligible for legal compensation. If the deceased does not have a spouse or children, the deceased’s next of kin may have legal rights (R.I. Gen. Laws § 10-7-2). Make sure to speak to an experienced wrongful death attorney to determine your recovery status.

If I am Entitled to at Least $350,000.00 After My Loved One’s Death, How Do I Access It?

Rhode Island law states that a person or corporation found liable for causing someone’s death is on the hook to pay at least $350,000.00. In order to be awarded financial compensation, you first need to prove that the person or corporation caused your loved one’s death.

Proving wrongful death cases gets complex quickly. Not only must you prove the cause of your loved one’s death, but you must show that the person or corporation owed your loved one a duty of care in the first place, and that had they not violated said duty, your loved one would be with us.

Printed Personal Injury Claim Form

After a careless person causes your loved one’s death, it is important for you to retain legal representation as soon as possible. We at Bottaro Injury Lawyers have decades of combined experience handling wrongful death and other civil personal injury law cases. Call us to discuss the details of your case.

Our firm has a track record of success in wrongful death cases. We handle all aspects of our wrongful death cases, including but not limited to:

  • Determining who can file and recover from a wrongful death action (typically parents, spouse, children, next of kin).
  • Recreating the accident, bringing in experts or other medical personnel to attest to the fatal injuries and cause thereof, and/or speak, under oath, with the at-fault party and witnesses.
  • Collecting and analyzing all relevant medical bills and case details.
  • Filing your case before the statute of limitations runs out and adhere to all deadlines associated with your claim.
  • Negotiate with insurance companies on your behalf.

At Bottaro Injury Lawyers, we take time to get to know you and your family to help build your wrongful death case. Our top priority is to build the strongest case possible for you while also giving you space and time to grieve.

What Legal Rights Do I Have When Someone’s Carelessness Causes My Loved One’s Death?

Damages after your loved one’s death vary. Some Rhode Island wrongful death damages include:

  • Loss of consortium (if deceased was your spouse)
  • Loss of Companionship (if a minor, or if your loved one was a minor)
  • Pain and suffering
  • Medical expenses
  • Funeral and burial costs
  • Loss of expected financial contribution
  • Emotional distress

As personal injury professionals that help wrongful death victims often, we are happy to see Rhode Island legislatures raise the minimum recovery amount. However, we know that this change cannot fix our clients’ pain. We are proud to support bereaved family members during difficult and delicate times and look forward to serving you, should the need arise.

It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help

At Bottaro Injury Lawyers, we care for people.  Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts.  We can even help on cases in other states as well.  We pride ourselves on our honesty, integrity, and results.  Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case.  Text or call us at 401-777-7777, or fill out our free and confidential online form.  We are here to serve and help you!

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